Maz v NatWest**WON**

[mbaz]

Hi everyone

I'm new to this site.

I am in the process of reclaiming £5245 back from Natwest and have registered with Trowbridge court. Cobbets have acknowledge the claim and I am now waiting for them to file their defence. I wondered if there was anyway I can find out whether anyone else has been through Trowbridge Court as it might make me feel more confident to go all the way if I know other cases have been successful through this court. Do you know if I can find this out?

Thanks,

Mbaz

[Steward]

You can use Google to search the web using these links below:-

[hedgey06]

Hi Mbaz, welcome on board the nat west forum!

I haven't a clue how you could find this info out though - how about asking at the county court??

[steven4064]

You could ringthe court and ask. THe admin staff are usually very helpful. The worst is that they will say they can't tell you.

Steven

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.
Almost everything I know concerning the law I learned from this site.

[mbaz]

Hi again, well cobbetts have now sent me there defence and I think the gist of it is that I havent provided enough information (I sent a list of charges) and that the onus on me is to proove that these charges were actually taken (not a problem as I have the statements) and that they were as a result of breach of contract (eeek - not sure what this means!!!) to be honest I'm really hoping to settle out of court and I have a figure in mind - how lilely is it that Natwest are trying to intimidate me and will send me a lower offer to settle out of court? do they usually do this as I'm really not sure about going all the way through court...any advice/support appreciated!!

[steven4064]

how lilely is it that Natwest are trying to intimidate me

That's exactly what they are trying to do!

You have to realise that this is a game. It's like noughts and crosses - every move is inevitable - the difference is, that in this game it is not a draw - you get to win!

First thing - it will not actually get to court. NatWest will settle before that although it might be the night before!

Here's the next 'moves':

1. You ignore their defence - as you say, it is not a real defence, it is just to frighthen you with legalise and doubt

2. You respond to anything the court sends you (here you get to 'ask a friend' - ie us)

3a. The court may send you an allocation questionnaire - fairly straightforward and there are instructions on how to so it here

3b. The court may dispense with teh aq in which case you send them this

4. Eventually a court date will be set and you will have to send a load of documents. You can 'ask the audience' (us again!)

5. NatWest will also have to send a load of documents but they won't. Instead they will send you the money.

Sometimes there are variations. Sometimes NatWest gives in earlier. Sometimes the judge shows them a red card and they get sent off!


Steven

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.
Almost everything I know concerning the law I learned from this site

[mbaz]

thanks so much! I feel better already! I'm just so worried that mine will be one of the ones that goes all the way and I'll lose because I dont understand all the jargon! I'll keep asking you guys though!

[steven4064]

There are loads of people on here who've been through the process and won who are only too willing to help and guide

Steven

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.
Almost everything I know concerning the law I learned from this site

[mbaz]

Hiya

Got a letter this morning saying court date is 31st August but a bit worried as thought I'd get some sort of questionnaire to complete and be able to submit more evidence such as terms and conditions - do you know if this will happen?:?

[steven4064]

Obviously they are dispensing with the aq - see my point 3b in post #5 above

Steven

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.
Almost everything I know concerning the law I learned from this site

[Micky the Hippo]

two months lead time for court dates? :o

[mbaz]

Thanks everyone. I know I cant believe hot far away my date is! The letter from the court says I must submit all evidence 14 days before the hearing so shall i just send it to the court anyway or should i send that letter first? Sorry if I'm being stupid but I really dont want to get this wrong!

Maria

[mbaz]

another note - my letter says my claim has been allocated to the smalls claim track and the hearing will last no more than 15 mins..........sound quite short to me.

[hedgey06]

Hi Maria, if you're happy to send the above letter - by all means do us. In the meantime - given that you've got plenty of time to get it right! - start putting your court bundle together as well.

[mbaz]

hiya - do you think its a good sign that judge has only allocated 15 mins for my hearing???! Ie is he anticipating bank now turning up and therefore me winning????!!

[Micky the Hippo]

no-one anticipates the banks turning up at court, including the banks

[mbaz]

hiya - given the latest news re: OFT court case how will i be informed if judge out a "stay" on my case? will i get a letter before or will he tell me at the hearing itself? cant believe might have gone through all this for nothing!!!

[steven4064]

You will get a letter and the opportunity to oppose it - there is a template in the library

[mbaz]

called court today who said that all hearings go ahead and no "stays" will be granted!! I am so relieved as its almost certain Natwest wont turn up on that day - espeacially with the OFT case - so fingers crossed!!!

[mbaz]

ps. need to start my bundle. please can someone post me the link to the guidance as I cant seem to fins it. thanks so mucn

[hedgey06]

That's great news mbaz - could you tell us what court this is please? (or PM myself or another site helper if you don't want to post it on the open forum).

This link is useful for preparing your court bundle - and the basic court bundle can be found here. Don't forget your terms and conditions!